August 22, 2011

 

A regular meeting of the City Council was held on Monday, August 22, 2011, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker, Marty Wazbinski

Councilmen absent:

Fourth Ward Vacant

 

MINUTES

Approval of the minutes of the August 8, 2011 regular meeting was offered by Councilman Brooks and seconded by Councilman Adams.  (Motion ADOPTED.)

 

21st ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT

City Clerk Selina Tisdale introduced Sara Grivetti, Executive Director of Disability Network of Mid-Michigan. The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing the 21st anniversary of the Americans with Disabilities Act.  (Motion ADOPTED.)  Mayor Donker presented Sara Grivetti with the proclamation.

 

THE STADIUM DISTRICT BROWNFIELD REDEVELOPMENT PLAN

Assistant City Manager Jack Duso introduced The Stadium District Brownfield Redevelopment Plan.  A public hearing opened at 7:20 p.m.  Kevin McGraw, Caddis Development Group and Steve Willoughby, SME, spoke regarding the development.  Katharine Czarnecki, Managing Director for the Michigan Economic Development Corporation spoke in favor of granting the redevelopment plan.  Scott Walker, Executive Director of Midland Tomorrow, spoke in favor of the development plan. The public hearing closed at 7:35 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, a Brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.            The Plan constitutes a public purpose under the Act;

B.            The Plan meets all of the requirements for a Brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute the Brownfield Reimbursement Agreement between Midland Downtown Partners, LLC and the City of Midland subject to final review and approval of the City Attorney.  (Motion ADOPTED.)

 

ZONING PETITION NO. 575

Planning and Community Development Director Keith Baker presented Zoning Petition No. 575, to conditionally rezone the property located at 405 Joseph Drive, Clayhill Court and Fieldstone Court from Residential A-3 to Residential B zoning.  A public hearing opened at 8:00 p.m.  Mike Pnacek, Blackhurst Drive, spoke in favor of the development.  Ed Pnacek, N. Jefferson Road, spoke in support of the rezoning.  The public hearing closed at 8:05 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

ORDINANCE NO. 1718

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY CONDITIONALLY AMENDING THE ZONING MAP TO PROVIDE RB RESIDENTIAL B ZONING WHERE A RESIDENTIAL RA-3 ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PARCEL 1:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34, T15N, R2E; THENCE NORTH 00 DEGREES 30 MINUTES 49 SECONDS WEST 1680.57 FEET ALONG THE WEST LINE OF SAID SECTION 34 TO THE NORTH LINE OF JOSEPH DRIVE; THENCE NORTH 89 DEGREES 54 MINUTES 40 SECONDS EAST 400 FEET ALONG THE NORTH LINE OF JOSEPH DRIVE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 30 MINUTES 49 SECONDS WEST 297.05 FEET; THENCE EAST 2240 FEET; THENCE SOUTH 200 FEET MORE OR LESS TO THE NORTH LINE OF JOSEPH DRIVE; THENCE WESTERLY ALONG THE NORTHERLY LINE OF JOSEPH DRIVE TO THE PLACE OF BEGINNING. 


PARCEL 2:

UNITS 1-12 THE COURTS OF JOSEPHS RUN CONDOMINIUMS.

Be, and the same is hereby changed to Residential B with the following conditions:

                                     1.  That no more than eight (8) dwelling units per acre will be developed.

2.  That the height of any structure in the development be restricted to no more than

     two (2) stories.

                                     3.  That no more than one resident shall occupy all vertical floors (no tenant above another).

                                     4.  That each unit shall have a separate garage

                                     5.  That each unit shall have a separate driveway

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No comments were made.

 

SITE PLAN NO. 306 – WALDO AVENUE TOWNHOMES

Planning and Community Development Director Keith Baker introduced Site Plan No. 306 – Waldo Avenue Townhomes, a 24-unit residential townhome development located at 3501 E. Ashman Street on 4.28 acres.  Dave Schauman of Schauman Construction and Eric Spitler of Wilcox Professional Services, both spoke in support of the project.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 306, the request of Wilcox Professional Services on behalf of Schauman Development for site plan review and approval of Waldo Avenue Townhomes, a 24 unit residential townhome development, located at 3501 East Ashman Street; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 306 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 306, contingent upon the following:

      1.   The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   A soil and sedimentation control plan must be submitted.

      6.   Sidewalks will not be required between the driveway and the east property line. 

(Motion ADOPTED.)

 

SITE PLAN NO. 307 – EAST PATRICK ROAD TOWNHOMES

Planning and Community Development Director Keith Baker introduced Site Plan No. 307 – East Patrick Road Townhomes, an 18-unit residential townhome development located at 4009 E. Patrick Road on 3.41 acres.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 307, the request of Wilcox Professional Services on behalf of Schauman Development for site plan review and approval of East Patrick Road Townhomes, an 18 unit residential townhome development, located at 4009 East Patrick Road; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 307 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 307, contingent upon the following:

      1.   The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   A soil and sedimentation control plan must be submitted.

(Motion ADOPTED.)

 

CIVIC ARENA OPERATIONAL AUDIT

Assistant City Manager Jack Duso introduced Tom Hillgrove and Louis Lombardo, consultants with Rink Management Services Corporation, who presented the Civic Arena Operational Audit.  William Bartlett, 807 Hollybrook Drive, Chair of Fast Ice, Inc., spoke regarding the report.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, Rink Management Services Corporation of Mechanicsville, Virginia was retained by the City of Midland to conduct an operational audit and prepare a business plan for the Midland Civic Arena; and

WHEREAS, Rink Management Services Corporation has prepared a final report and presented said report to the City Council on August 22, 2011; now therefore

RESOLVED, that the attached Midland Civic Arena Business Plan is hereby received and placed on file in the Office of the City Clerk and the Grace A. Dow Memorial Library.  (Motion ADOPTED.)

 

Council recessed from 9:00 p.m. to 9:10 p.m. 

 

BROWN APPOINTMENT – FOURTH WARD COUNCILMAN

City Manager Jon Lynch introduced an item appointing Diane Brown as Fourth Ward Councilman.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, on July 25, 2011 the City Council accepted the resignation of Bruce Johnson from the office of Councilman of the Fourth Ward; and

WHEREAS, Section 3.9 of the City Charter of the City of Midland requires the City Council to appoint a replacement within thirty (30) days since less than six (6) months of the unexpired term remain from the date of said resignation; and

WHEREAS, Diane Brown has submitted the only nominating petition for the office of Councilman of the Fourth Ward for the 2011-2013 City Council term of office and has expressed her willingness to fill the unexpired term of the office of the Fourth Ward; now therefore

RESOLVED, that in accord with Section 3.9 of the City Charter of the City of Midland the City Council hereby appoints Diane Brown to the office of Councilman of the Fourth Ward for the remainder of the 2009-2011 City Council term of office.  (Motion ADOPTED.)

 

MERS ANNUAL MEETING – OFFICER DELEGATES

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

RESOLVED, that Ken Arthur be appointed officer delegate and Paula Whittington be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 27 through September 29, 2011 in Traverse City, Michigan.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-11-02

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. P-11-02 filed June 9, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the north side of Larkin Street, from 140 feet west of  the centerline of Ashman Street to 260 feet west of the centerline of Ashman Street shall be designated as no stopping, standing, parking and bus stop only.

is hereby made permanent.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,701 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $43,418.47 executed by the Purchasing Agent on August 2, 2011, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,399 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $41,255.52 executed by the Purchasing Agent on August 2, 2011, is hereby approved.  (Motion ADOPTED.)

 

FORESTRY TRUCK PURCHASE

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, bids for construction equipment are solicited by the U.S. General Services Administration and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a forestry truck is included in the FY 2011-12 Equipment Revolving Fund for Capital Outlay - Vehicles as a replacement for existing equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the General Services Administration’s selected vendor, Altec Industries of Birmingham, Alabama, in the amount of $149,484.00, for the purchase of the aforementioned equipment, all in accordance with the General Services Administration proposal and specifications.  (Motion ADOPTED.)

 

SNOW & ICE CONTROL TRUCKS PURCHASE

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Salt Spreader Trucks, with trade-in, Bid No. 3336; and

WHEREAS, sufficient funding for two snow and ice control trucks is included in the FY 2011-2012 Equipment Revolving Fund budget for Capital Outlay - Vehicles; and

WHEREAS, the net low bid meeting specifications was offered by Diesel Truck Sales of Saginaw, Michigan; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a Purchase Order to Diesel Truck Sales of Saginaw, Michigan in the net amount of  $205,532.00 for the purchase of two snow and ice control trucks, including trade-in of City equipment #3-69 and #3-71, in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

POOL CHEMICALS – PURCHASE

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of pool chemicals, on Bid No. 3246 dated March 23, 2010; and

WHEREAS, the awarded bidder, Midland Pool & Recreation, Midland, MI agreed to honor the bid prices from the previous pool season; and

WHEREAS, we were satisfied with Midland Pool & Recreation’s performance in supplying pool chemicals on an as needed basis; and

WHEREAS, sufficient funds are included in the Plymouth Pool budget in the Recreation Fund for the purchase of the pool chemicals; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase the purchasing limit for pool chemicals for the 2011 pool season from Midland Pool & Recreation of Midland, Michigan to $24,757.  (Motion ADOPTED.)

 

MDOT - MASTER AGREEMENT FOR DIAL-A-RIDE

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for passenger transportation- related services; and

WHEREAS, the City of Midland does hereby approve Master Agreement No. 2012-0134; and

WHEREAS, this resolution shall also approve execution of Project Authorizations for any programs designated by the City of Midland and/or Project Authorizations for any amount determined by the City of Midland with the Michigan Department of Transportation which are issued under Master Agreement No. 2012-0134; now therefore

RESOLVED, that the Mayor and City Clerk be authorized and directed to execute Master Agreement No. 2012-0134 for and on behalf of the City of Midland; and

RESOLVED FURTHER, that the City Manager be authorized to enter into and execute on behalf of the City of Midland all such Project Authorizations with the Michigan Department of Transportation for passenger transportation-related services for the agreement period.  (Motion ADOPTED.)

 

2011 TIBBS STREET IMPROVEMENT; CONTRACT NO. 15

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the improvement of Tibbs Street from Wexford Avenue to the end of the street; and

WHEREAS, funding for this project is provided by Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by McGuirk Sand-Gravel, Inc. of Mt. Pleasant, Michigan, for the "2011 Tibbs Street Improvement, Contract No. 15", in the indicated amount of $57,438.39, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

2011 LOWELL COURT WATER MAIN; CONTRACT NO. 6

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of the water main on Lowell Court from Sugnet Road to the end of the court; and

WHEREAS, funding for this project is provided by the Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "2011 Lowell Court Water Main, Contract No. 6", in the indicated amount of $52,606.10, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

ENGINEERING SUPPORT SERVICES – GAS-TO-ENERGY PROJECT

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City of Midland and its engineering consultant, CTI and Associates, Inc. (CTI) of Brighton, have completed the majority of work on the renewable energy system, utilizing landfill gas created by the decomposition of refuse to generate renewable electric power and heat to offset energy consumption and operating costs for the city; and

WHEREAS, a purchase order to CTI was increased in April 2011 to $842,563.00 for construction management and construction quality assurance for the projects comprising the renewable energy system; and

WHEREAS, enough waste has now been placed in Cell 16 to allow extraction of gas from horizontal collection pipes buried in the waste, and collecting gas from this area will boost electricity production while reducing landfill odor and gas migration; and

WHEREAS, to collect the gas, Phase II design is necessary to tie into the existing collection system, adding over 1,000 feet of pipe and a gas condensate lift station; and

WHEREAS, CTI has provided a proposal of $31,000.00 for Phase II design, bid package development, construction oversight, and survey support, and funds are available in project LF0707 – Gas Collection and Control System; now therefore

RESOLVED, that an increase of $31,000.00 to the existing purchase order of $842,563.00 to CTI & Associates, Inc. to provide continued engineering support for the gas collection and control system, as part of the gas-to-energy project, is hereby approved.  (Motion ADOPTED.)

 

EMERGENCY MAIN REPLACEMENT AT NATALIE COURT

The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, in recent weeks the city’s Water Distribution crew has repaired the 4-inch water main at Natalie Court five times; and 

WHEREAS, the 320 feet of 4-inch ductile-iron water main was installed in 1987 at a depth of 7 ½ feet, unwrapped, and laid on a bed of aggressive/active clay, causing the underside of the pipe to become corroded and making the pipe very weak, resulting in the increased frequency of main breaks; and

WHEREAS, the existing 4-inch water main pipe was connected to a 6-inch pipe and extended to the end of the court, and Water Distribution crews will be upsizing to a 6-inch ductile-iron main to correct the undersized main that was insufficient for fire fighting purposes; and

WHEREAS, as this main replacement was not anticipated when the 2011/12 fiscal budget was being developed, funding in the amount of $40,000.00 is needed from Water Fund Account - Reserve for Contingencies to purchase approximately 320 feet of 6-inch ductile-iron pipe, a fire hydrant, corporations to transfer residential water services, labor, and street/outlawn restoration; and

WHEREAS, funding has been budgeted in the 2011/12 Water Fund, Account #591-8990.98.000 – Reserve for Contingencies; and

WHEREAS, a budget transfer from Reserve for Contingencies in excess of $25,000.00 requires City Council approval; now therefore

RESOLVED, that a budget transfer to move $40,000.00 from the 2011/12 Water Fund contingency account to a Water Fund Capital Project for costs associated with the emergency replacement of approximately 320 feet of water main at Natalie Court is hereby approved.  (Motion ADOPTED.)

 

JOB PERFORMANCE REVIEW – CITY ATTORNEY

Mayor Pro Tem Tom Adams presented City Council’s report on the job performance review for City Attorney Jim Branson.  No action taken.

 

JOB PERFORMANCE REVIEW – CITY MANAGER

Mayor Maureen Donker presented City Council’s report on the job performance review for City Manager Jon Lynch.  No action taken.

 

Being no further business the meeting adjourned at 9:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk